|
THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
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|
No.
90/2008/ND-CP
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Ha
Noi, August 13,2008
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DECREE
AGAINST SPAM
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the November 29, 2005 Law on E-Transactions;
Pursuant to the May 25, 2002 Ordinance on Post and
Telecommunications;
Pursuant to the November 16. 2001 Ordinance on Advertisement;
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At the proposal of the Minister
of Information and Communication,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
This Decree provides for the fight
against spam; and rights and obligations of concerned agencies, organizations
and individuals (below collectively referred to as organizations and
individuals).
Article 2.-
Subjects of application
This Decree applies to
organizations and individuals related to email and message exchange services in
Vietnam.
In case an anti-spam treaty to
which Vietnam is a contracting party contains provisions different from those
of this Decree, the provisions of the treaty shall be applied.
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For the purpose of this Decree, the
terms below are construed as follows:
1. Spam means an electronic mail or
text message sent to a sender who does not want or has no duty to receive it
according to law. In this Decree spam includes electronic mail spam and text
message spam.
2. Data message means information
created, sent, received and stored by means of electronic devices.
3. Information infrastructure means
a system of equipment serving the production, transmission, collection,
processing, storage and exchange of digital information, including
telecommunications networks, the Internet, computer networks and databases.
4. Electronic mail means a data
message sent to one or more than one electronic mail address through
information infrastructure.
5. Electronic address means an
address used to receive or send data messages through information
infrastructure.
6. Electronic mail address means an
address used to send or receive electronic mails, which consists of a user name
and an Internet domain name.
7. Text message means a data
message sent to a mobile phone, a pager or a device with a text
message-receiving function.
8. Header of an electronic mail
means information attached to the content of an electronic mail, including
information on the origin, destination, route, subject matter and other
information on the electronic mail.
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10. Header of a text message means
information attached to the content of a text message, including, but not
limited to, the origin and time of sending of the text message.
11. Advertising electronic mail or
text message means an electronic mail or a text message aiming to introduce
organizations and individuals engaged in business or social activities, goods
or services, including services provided for profit and not for profit, to
consumers.
12. Advertiser means an
organization or individual wishing to advertise its/his/her business
activities, goods or services.
13. Advertisement service provider
means an organization providing the service of sending advertising electronic
mails or text messages to recipients.
14. Management code means a code
issued by the Ministry of Information and Communication to an electronic mail
or text message advertisement service provider or an Internet-based text
messaging service provider when it accepts the registration dossier of such
provider.
15. Product code means a code
assigned to each product by an advertisement service provider. A product code
may consist of information on a category of advertising products for
classification purpose.
16. Owner of an electronic address
means a person who has created or has been granted such
electronic address.
Article 4.-
Contents and responsibilities of state management of the
fight against spam
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a/ Formulating, promulgating,
propagating, disseminating, and organizing the implementation of, legal
documents and technical regulations against spam;
b/ Propagating the sense and duty
of preventing and fighting spam among users and other entities;
c/ Summing up and publicly
announcing spamming sources;
d/ Assuming the prime
responsibility for. and coordinating with concerned units in, handling spam;
e/ Receiving notices and complaints
about spam;
f/ Receiving registration dossiers
and issuing management codes to electronic mail and text message advertisement
service providers and Internet-based text messaging service providers;
g/ Undertaking international
cooperation against spam;
h/ Studying and applying anti-spam
measures:
i/ Managing statistics on spam;
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2. The Ministry of Information and
Communication shall assume the prime responsibility for. and coordinate with
concerned ministries and ministerial-level agencies in. performing the state
management of the fight against spam.
3. Other ministries and
ministerial-level agencies shall coordinate with the Ministry of Information
and Communication in the fight against spam.
Article 5.-
Classification of spam
1. Electronic mails and text
messages for the purposes of deception, harassment or spreading computer
viruses and harmful software or violating Clause 2. Article 12 of the Law on
Information Technology.
2. Advertising electronic mails or
text messages in violation of the principles of sending advertising electronic
mails or text messages stipulated in Articles 7,9 and 13 of this Decree.
Article 6.-
Prohibited acts
1. Spamming.
2. Distorting header information of
electronic mails or text messages for spamming purposes.
3. Creating conditions for or
permitting the use of one's own electronic devices for sending or forwarding
spam.
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5. Using software to gather
electronic addresses without consent of owners of such electronic addresses.
6. Exchanging, buying and selling
lists of electronic addresses or the right use lists of electronic addresses
for spamming purposes.
7. Other acts of violation as
provided for by law.
Chapter II
SENDING OF ADVERTISING
ELECTRONIC MAILS AND TEXT MESSAGES
Section I.
GENERAL PRINCIPLES
Article 7.-
Principles of sending advertising electronic mails and
text messages
1. Organizations and individuals,
except advertisement service providers, may only send advertising electronic
mails or text messages after obtaining prior consent of recipients.
2. Advertisement service providers
may only send advertising electronic mails or text messages until recipients
opt out of further advertising electronic mails or text messages.
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4. Advertisement service providers
may only send advertising electronic mails or text messages from systems with
technical information already registered with the Ministry of Information and
Communication.
5. Electronic mail advertisement
service providers may not send more than 5 advertising electronic mails to a
single electronic mail address within 24 hours, unless otherwise agreed upon
with recipients.
6. Text message advertisement
service providers may not send more than 5 advertising text messages to a
telephone number within 24 hours and may only send them from 7:00 hrs. to 22:00
hrs. a day, unless otherwise agreed upon with recipients.
Article 8.-
Principles of gathering and using electronic addresses
for advertisement purposes
1. Electronic addresses may only be
gathered for advertisement purposes upon the consent of owners of such
electronic addresses.
2. The purpose and scope of use
must be clearly stated when gathering electronic addresses.
3. Electronic addresses must be
used for the purpose and within the scope already permitted by owners of such
electronic addresses.
Section 2.
ADVERTISING ELECTRONIC MAILS
Article 9.-
Requirements on advertising electronic mails
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2. An advertising electronic mail
must be marked under Article 10 of this Decree
3. There must be information on the
advertiser under Clauses 1 and 3, Article 11 of this Decree.
4. In case of using an
advertisement service, there must be additional information on the
advertisement service provider under Clauses 2 and 3. Article 11 of this
Decree.
5. There must be an opt-out
function under Article 12 of this Decree.
Article 10.-
Provisions on marking of advertising electronic mails
1. All electronic mails must be
marked.
2. A mark shall be placed at the
beginning of the subject line.
3. A mark may take one of the
following form:
a/ [QC] or [ADV], for electronic
mails sent from an advertiser:
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Article 11.-
Provisions on information on electronic mail advertisement
service providers and electronic mail advertisers
1. Information on an advertiser
includes name, telephone number, electronic mail address, geographical address
and website address (if any).
2. Information on an advertisement
service provider includes name, telephone number, electronic mail address,
geographical address, website address, management code and product code (if
any).
3. Information on an electronic
mail advertisement service provider or electronic mail advertiser must be
clearly displayed and placed immediately before opt-out information that
permits recipients to decline to receive advertising electronic mails.
Article 12.-
Provisions on the function to opt out of advertising
electronic mails
1. Opt-out information that permits
recipients to decline to receive advertising electronic mails must meet the
following conditions:
a/ It is placed at the end of an
advertising electronic mail and expressed clearly and conspicuously in
Vietnamese and English:
b/There must be information confirming
that recipients have a right to decline all products from the advertiser. In
case of using an advertisement service, there must be information confirming
that recipients have a right to decline all advertising products from the
advertisement service provider;
c/ When necessary, an electronic
mail advertisement service provider may provide an additional opt-out ability,
such as declining a product or a group of products;
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2. Forms of opt-out of advertising
electronic mails must include:
a/ Opting out via the website;
b/ Opting out by electronic mail;
c/ Opting out by telephone.
3. Upon receiving an opt-out request,
the advertiser or advertisement service provider shall immediately send
information confirming receipt of the opt-out request and. within 24 hours,
stop sending the type of opted-out advertising electronic mails to the
recipient concerned, except in force majeure cases.
4. Confirmation information must
ensure the following requirements:
a/There is information confirming
receipt of an opt-out request, the time of receipt of the request and the
deadline for stopping sending advertising electronic mails;
b/ It must be successfully sent
only once and contain no advertising information.
5. Advertisement service providers
shall pay all expenses related to the use of the opt-out function by
recipients.
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Article 13.-
Requirements on advertising text messages
1. An advertising text message must
be marked under Article 14 of this Decree.
2. In case of using the
advertisement service, there must be additional information on the
advertisement service provider under Article 15 of this Decree.
3. There must be an opt-out
function under Article 16 of this Decree.
Article 14.-
Provisions on marking of advertising text messages
1. All advertising text messages
must be marked.
2. A mark shall be placed at the
beginning of the content of a text message.
3. A mark may take one of the
following forms:
a/ [QC] or [ADV], for text messages
sent from an advertiser:
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Article 15.-
Provisions on information on text message advertisement
service providers
1. Information on a text message
advertisement service provider includes the management code and product code (if
any).
2. Information on a text message
advertisement service provider is placed in the marked content under Clause 3,
Article 14 of this Decree.
Article 16.-
Provisions on the function to opt out of advertising
text messages
1. Information permitting recipients
to decline to receive advertising text messages must meet the following
conditions:
a/ It is placed at the end of an
advertising text message and clearly displayed in Vietnamese;
b/ There must be a confirmation
that recipients have a right to decline ail products from the advertiser. In
case of using an advertisement service, there must be information confirming
that recipients have a right to decline all advertising products from the
advertisement service provider:
c/ When necessary, a text message
advertisement service provider may provide an additional opt-out ability, such
as declining a product or a group of products;
d/ There must be clear guidance on
the levels of opt-out under Points b and c. Clause 1, and forms of opt-out
under Clause 2 of this Article.
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messa2es must include: a/ Opting
out by text messaging: b/ Opting out by telephone:
3. Upon receiving an opt-out
request, the advertiser or advertisement service provider shall immediately
send information confirming receipt of the request and. within 24 hours, stop
sending the type of opted out advertising text messages to the recipient
concerned, except in force majeure cases.
4. Confirmation information must
ensure the following requirements:
a/ There is information confirming
receipt of an opt-out request, the time of receipt of the request and the
deadline for stopping sending advertising text messages;
b/ It must be successfully sent
only once and contain no advertising information.
5. Advertisement service providers
shall pay all expenses related to the use of the opt-out function by
recipients.
Chapter III
EXCHANGE OF ELECTRONIC
MAILS AND TEXT MESSAGES
Section 1.
EXCHANGE OF ELECTRONIC MAILS
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1. All organizations and
individuals may send electronic mails as they wish in accordance with the
provisions of this Decree and other relevant provisions.
2. In case recipients agree to
receive advertising electronic mails, senders of advertising electronic mails
shall observe the provisions of Article 9 of this Decree.
3. When using an electronic mail
advertisement service, advertisers may only use the service provided by an
electronic mail advertisement service provider possessing a management code
issued by the Ministry of Information and Communication.
Article 18.-
Electronic mail advertisement service providers
1. An electronic mail advertisement
provider shall meet the following conditions:
a/ Having a website with a
Vietnam-based server used for sending advertising electronic mails and using
the Vietnamese nation domain name ".vn";
b/ Having a system for receiving
and processing recipients' opt-out requests under Article 12 of this Decree;
c/ Possessing a management code
issued by the Ministry of Information and Communication.
2. Process and procedures for the
issuance of management codes:
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b/ A registration dossier must
contain sufficient information on the organization or individual providing the
electronic mail advertisement service and technical information in accordance
with the required conditions specified in Clause 1. Article 18 of this Decree.
An application shall be made according to a form attached to this Decree
(Appendix I. not printed herein);
c/ Organizations and individuals
shall pay a fee for registration;
d/ Within 15 days after receiving a
valid dossier, the Ministry of Information and Communication shall issue a
registration; in case of refusal, it shall reply in writing, clearly stating
the reason for refusal.
3. To notify in advance the
Ministry of Information and Communication of any change of the system for
sending advertising electronic mails.
4. To store information on opt-out
requests and information on confirmation of receipt of such requests for at
least 60 days.
5. To make periodical reports and
statistics according to regulations of competent state agencies.
6. To collaborate with competent
state agencies in implementing other operation measures as provided for by law.
Article 19.-
Electronic mail service providers
1. To take public information
measures to raise the awareness of service users and guide service users how to
prevent and fight electronic mail spam.
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3. To take measures to prevent loss
and wrong blocking of electronic mails of service users.
4. To provider free tools for
receiving and processing notices of electronic mail spam from users.
5. To supply information relating
to the conditions of the system of electronic mail servers at the request of
competent state agencies.
6. To take measures to prevent
electronic mail spam at the request of competent stale agencies.
7. Not to provide the electronic
mail service to electronic mail advertisement service providers that have no
management code issued by the Ministry of Information and Communication.
8. To store header information of
electronic mails for at least 60 days.
9. To make periodical reports and
statistics according to regulations of competent state agencies.
10. To collaborate with competent
state agencies in implementing other operation measures as provided for by law.
Article 20.-
Internet access service providers
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2. To provide free mechanisms for
receiving and processing notices of electronic mail spam from users.
3. To provide information on and
prevent spamming sources at the request of competent state agencies.
4. To collaborate with domestic and
international Internet service providers in restricting electronic mail spam.
5. To take measures to prevent
electronic mail spam at the request of competent state agencies.
6. To collaborate with competent
state agencies in implementing other operation measures as provided Cor by law.
Article.21.-
Electronic mail users
1. To observe the provisions of
this Decree regarding sending of electronic mails.
2. To supply information on
electronic mail spam to electronic mail service providers, Internet service
providers and competent state agencies.
3. To collaborate with competent
state agencies in fighting electronic mail spam.
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Article 22.-
Organizations and individuals sending text messages and
organizations and individuals using text message advertisement services
1. All organizations and
individuals may send text messages as they wish in accordance with the
provisions of this Decree and other relevant provisions.
2. In case recipients consent to
receive advertising text messages, senders of advertising text messages shall
observe the provisions of Article 13 of this Decree.
3. When using a text message
advertisement service, advertisers may only use the service provided by a text
message advertisement service provider possessing a management code issued by
the Ministry of Information and Communication.
Article 23.-
Text message advertisement service providers
1. A text message advertisement
service provider shall meet the following conditions:
a/ Using subscription numbers which
are issued by a Vietnamese text messaging service provider for sending
advertising text messages:
b/ Having a system for receiving
and processing recipients' opt-out requests under Article 16 of this Decree;
c/ Possessing a management code
issued by the Ministry of Information and Communication.
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a/ Organizations and individuals
shall submit registration dossiers to the Ministry of Information and
Communication;
b/A registration dossier must
contain sufficient information on the organization or individual providing the
text message advertisement service and technical information in accordance with
the required conditions specified in Clause 1, Article 23 of this Decree. An
application shall be made according to a form attached to this Decree
(Appendix II. not printed herein);
c/ Organizations and individuals
shall pay a fee for registration;
d/ Within 15 days after receiving a
valid dossier, the Ministry of Information and Communication shall issue a
registration; in case of refusal, it shall reply in writing, clearly stating
the reason for refusal.
3. To notify in advance the
Ministry of Information and Communication of any change of the system for
sending advertising text messages.
4. To store information on opt-out
requests and information confirming receipt of such requests for at least 60
days.
5. To make periodical reports and
statistics according to regulations of competent state agencies.
6. To coordinate with competent
state agencies in implementing other operation measures as provided for by law.
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1. To take public information
measures to raise the awareness of service users and guide service users how to
prevent and fight text message spam.
2. To provide free tools for
receiving and processing notices of text message spam from users.
3. To provide information relating
to the conditions of the text messaging system at the request of competent
state agencies.
4. To take measures to prevent text
message spam at the request of competent state agencies.
5. Not to provide the text
messaging service to text message advertisement service providers that have no
management code issued by the Ministry of Information and Communication.
6. To take measures to restrict the
number, speed and frequency of text messaging from a single service user.
7. To collaborate with domestic and
foreign text message service providers in preventing text message spam.
8. To make periodical reports and
statistics according to regulations of competent state agencies.
9. To coordinate with competent
state agencies in implementing other operation measures as provided for by law.
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1. Organizations and individuals
providing the Internet-based text messaging service-must meet the following
conditions:
a/ Having a website with the
Vietnamese nation domain name ".vn"; and Vietnam-based servers for
sending text messages;
b/ Having a system for receiving
and processing requests not to receive text messages sent from one or more than
one service user;
cl Possessing a management code
issued by the Ministry of Information and Communication.
2. Process and procedures for the
issuance of management codes:
a/ Organizations and individuals
shall submit registration dossiers to the Ministry of Information and
Communication;
b/ A registration dossier must
contain sufficient information on the organization or individual providing the
Internet-based text messaging service and technical information in accordance
with the required conditions specified in Clause 1 of this Article. An
application shall be made according to a form attached to this Decree (Appendix
III, not printed herein);
c/ Organizations and individuals
shall pay a fee for registration;
d/ Within 15 days after receiving a
valid dossier, the Ministry of Information and Communication shall issue a
registration. In case of refusal, it shall reply in writing, clearly stating the
reason for refusal.
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4. To take measures to restrict the
number, speed and frequency of text messaging from a single service user.
5. To take measures to prevent text
message spam at the request of competent state agencies.
6. To make periodical reports and
statistics according to regulations of competent state agencies.
7. To collaborate with competent
state agencies in implementing other operation measures as provided for by law.
Article 26.-
Text message users
1. To observe the provisions of
this Decree regarding sending of text messages.
2. To supply information on text
message spam to text messaging service providers, Internet-based text messaging
service providers and competent state agencies.
3. To collaborate with competent
state agencies in fighting spam.
Chapter IV
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Article 27.-
Settlement of disputes
Disputes between parties in the
provision and use of public electronic mail and text message advertisement
services shall be settled on the basis of contracts between parties and
relevant provisions of law.
Article 28.-
Complaints, denunciations and settlement of complaints
and denunciations
1. Organizations and individuals
that are sanctioned for spam-related violations or their lawful representatives
may lodge complaints about sanctioning decisions issued by competent persons.
Pending the settlement of their complaints by competent state agencies, sanctioned
organizations or individuals shall still comply with sanctioning decisions.
2. Citizens may denounce to
competent agencies, organizations or persons spam-related violations in
accordance with the law on complaints and denunciations.
3. Citizens may denounce to
competent agencies, organizations or persons illegal acts of persons competent
to sanction spam-related administrative violations.
4. The competence, procedure, order
and time limits for lodging complaints and denunciations and settling complaints
and denunciations, and for initiating administration lawsuits comply with the
provisions of law.
Article 29.-
Compensation for damage
1. Organizations and individuals
that send spam causing damage to other organizations and individuals shall pay
compensation for such damage.
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Article 30.-
Inspection and examination
1. Organizations and individuals
providing and using electronic mail and text message advertisement services
shall place themselves under the inspection and examination by competent state
agencies in accordance with law.
2. The inspection of organizations
and individuals involved in the management, provision and use of electronic
mail and text message advertisement services shall be conducted in accordance
with the law on inspection.
Article 31.-
Competence of the specialized information and
communication inspectorate to sanction spam-related administrative violations
1. Specialized information and
communication inspectors on duty have the power:
a/ To issue cautions;
b/ To impose fines of up to VND
500,000;
c/To confiscate material evidence
and means used in administrative violations which are valued at up to VND
2,000,000;
d/ To apply remedies specified in
Clauses 3 and 4, Article 43 of this Decree;
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2. Chief inspectors in
provincial-level Information and Communication Services have the power:
a/ To issue cautions;
b/ To impose fines of up to VND
30,000,000;
c/To confiscate material evidence
and means used in administrative violations;
d/ To apply remedies specified in
Clauses 1, 3, 4 and 5, Article 43 of this Decree;
e/ To exercise the powers defined
at Item 1, Clause 19. Article 1 of Ordinance No. 44/2008/UBTVQH12 Amending and
Supplementing a Number of Articles of the 2002 Ordinance on Sanctioning of
Administrative Violations.
3. The chief inspector of the
Ministry of Information and Communication has the power:
a/To issue cautions:
b/ To impose fines of up to VND
100,000.000;
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d/ To apply remedies specified in
Clauses 1, 2, 3, 4, 5 adn 6, Article 43 of this Decree;
e/ To. exercise the powers defined
at Item 1, Clause 19. Article 1 of Ordinance No. 44/2008/ UBTVQH12 Amending and
Supplementing a Number of Articles of the 2002 Ordinance on Sanctioning of
Administrative Violations.
Article 32.-
Sanctioning competence of other specialized
inspectorates
Within the ambit of their state
management competence stipulated by the Government, inspectors and chief
inspectors of other specialized inspectorates have the power to sanction
spam-related administrative violations in accordance with law.
Article 33.-
Sanctioning competence of People's Committees at all
levels
Presidents of People's Committees
at all levels have the powers to sanction spam-related administrative
violations specified in this Decree and in the localities under their
management according to their powers defined in Article 30 of the 2002
Ordinance on Sanctioning of Administrative Violations, and Clauses 4 and 5,
Article 1 of Ordinance No.
44/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the 2002
Ordinance on Sanctioning of Administrative Violations.
Article 34.-
Violations of regulations on management and use of
electronic mails and text messages
1. A caution or a fine of between
VND 100,000 and VND 200,000 shall be imposed for the following acts:
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b/ Users of electronic mail, text
message or Internet-based text message services failing to collaborate with
competent state agencies in fighting spam.
2. A fine of between VND 200,000
and VND 500,000 shall be imposed for acts of gathering electronic addresses for
advertisement purposes without the consent of their owners.
3. A fine of between VND 1,000,000 and
VND 2,000,000 shall be imposed for the following acts:
a/ Using gathered electronic mail
addresses for purposes other than those or beyond the scope already permitted
by their owners:
b/ Distorting header information of
electronic mails or text messages.
4. A fine of between VND 5,000,000
and VND 10.000.000 shall be imposed for acts of creating conditions for or
permitting others to use one's electronic devices for sending or forwarding
spam.
5. A fine of between VND and VND
40.000.000 shall be imposed for the following acts:
a/ Exchanging, buying, selling or
spreading software to gather electronic addresses or the right to use such
software;
b/ Using software to gather
electronic addresses without the consent of their owners;
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Article 35.-
Violations of regulations on marking
A fine of between VND 10,000,000
and VND 20.000.000 shall be imposed for the following
acts:
1. Marking advertising electronic
mails improperly or insufficiently under Clauses 2 and 3, Article 10 of this
Decree;
2. Marking advertising text
messages improperly or insufficiently under Clauses 2 and 3. Article 14 of this
Decree.
Article 36.-
Violations of regulations on the function to opt out of
advertising information
1. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for the following acts:
a/ Sending advertising electronic
mails without information permitting recipients to opt out of advertising electronic
mails or with such information which, however, fails to meet all conditions
specified in Clause 1. Article 12 of this Decree:
b/ Sending advertising text
messages without information permitting recipients to opt out of advertising
text messages or with such information which, however, fails to meet all
conditions specified in Clause 1. Article 16 of this Decree.
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a/ Providing text message
advertisement services without sufficient forms of receipt and processing of
opt-out requests under Clause 2, Article 16 of this Decree;
b/ Providing electronic mail
advertisement services without sufficient forms of receipt and processing of
opt-out requests under Clause 2. Article 12 of this Decree.
3. A fine of between VND 60,000,000
and VND 80,000,000 shall be imposed for the following acts:
a/ Providing text message
advertisement services without a system for receiving and processing
recipients' opt-out requests:
b/ Providing electronic mail
advertisement services without a system for receiving and processing
recipients' opt-out requests;.
c/ Providing Internet-based text
messaging services without a system for receiving and processing recipients'
opt-out requests.
Article 37.-
Violations of regulations on conditions on provision of
electronic mail and text message advertisement services
1. A fine of between VND and VND
2.000.000 shall be imposed for
failure to take public information measures to raise the awareness of service
users and guide service users how to prevent and fight spam.
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a/ Failing to store header
information for at least 60 days;
b/ Failing to store information on
opt-out requests and information confirming receipt of such requests for at
least 60 days.
3. A fine of between VND 10,000,000
and VND 30.000,000 shall be imposed for the following acts:
a/ Failing to supply tools for service
users to choose advertising electronic mails right on mail-receiving servers;
b/ Failing to provide free
mechanisms for receiving and processing notices of spam;
cl Failing to take measures to
prevent loss and wrong blocking of electronic mails of service users;
d/ Failing to collaborate with
domestic and foreign Internet service providers and text messaging service
providers in restricting spam;
e/Failing to send within 24 hours
information confirming receipt of opt-out requests from recipients of advertising
electronic mails or text messages;
f/ Sending information confirming
receipt of requests not to receive advertising electronic mails which fails to
ensure requirements specified in Clause 4. Article 12 of this Decree:
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h/ Failing to take measures to
restrict the number speed and frequency of text messaging from a single service
user.
Article 38.-
Violations of regulations on sending advertising
electronic mails and text messages
1. A fine of between VND 1,000,000
and VND 2,000,000 shall be imposed for the following acts:
a/ Sending advertising electronic
emails containing a subject not matching the content;
b/ Information on the advertisement
service provider or advertiser in advertising electronic mails failing to
observe Clause 3, Article 11 of this Decree.
2. A fine of between VND 2,000,000
and VND 5,000,000 shall be imposed for the following acts
a/ Sending advertising electronic
mails containing no or insufficient information on the advertiser as required
in Clause 1, Article 11 of this Decree;
b/The advertisement service
provider sending advertising electronic mails which contain no or insufficient
information on the advertisement service provider as required in Clause 2.
Article 11 of this Decree;
c/The advertisement service
provider sending advertising text messages which contain no information on the
advertisement service provider or contain such information which, however,
fails to observe Article 15 of this Decree:
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3. A fine of between VND 10,000,000
and VND 20,000,000 shall be imposed for the following acts:
a/ Sending more than 5 advertising
electronic mails to a single electronic mail address within 24 hours/day,
unless otherwise agreed upon with recipients;
b/ Sending more than 5 advertising
text messages to a subscriber within 24 hours/day or sending advertising text
messages before 7:00 hrs. and after 22:00 hrs. a day, unless otherwise agreed
upon with recipients;
c/ Sending advertising text
messages, advertising electronic mails or Internet-based text messages with a
management code different from one issued by the Ministry of Information and
Communication.
4. A fine of between VND 20,000,000
and VND 40,000,000 shall be imposed for the following acts:
a/ Organizations or individuals
other than advertisement service providers sending advertising electronic mails
or text messages to recipients without the latter's consent;
b/ Sending advertising electronic
mails or text messages from a system with technical specifications not yet
registered with the Ministry of Information and Communication.
c/ Sending unmarked advertising
electronic mails or text messages.
Article 39.-
Violations of regulations on provision of services
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a/ Using a service server to send
advertising electronic mails that does not use the Vietnam national domain name
".vn";
b/ Providing the service of sending
advertising electronic mails and Internet-based text messages without a website
using the Vietnamese national domain name ".vn".
2. A fine of between VND 20,000,000
and VND 40,000,000 shall be imposed for the following acts:
a/ Providing the electronic mail or
text message advertisement service without a management code;
b/ Providing the Internet-based
text messaging service without a management code;
c/ Providing the electronic mail,
text message or Internet-based text message service to advertisement service
providers that have no management code issued by the Ministry of Information
and Communication.
2. A fine of between VND 60,000,000
and VND 80,000,000 shall be imposed for the following acts:
a/ Providing the electronic mail
advertisement service from an electronic mail-sending server not based in
Vietnam:
h/ Providing the Internet-based
text messaging service from a text-message sending server not based in Vietnam:
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Article 40.-
Violations of regulations on charge and fee rates
1. A fine of between VND 5,000,000
and VND 10,000,000 shall be imposed for failure to pay charges for the provision
of the opt-out function for recipients.
2. Acts of violation related to
charge rates for the electronic mail or text message advertisement service
stall be handled under the Government's Decree on sanctioning of administrative
violations in the pricing domain.
3. Acts of violation related to
charges and fees in the provision of electronic mail or text message
advertisement services shall be handled under the Government's Decree on
sanctioning of administrative violations in the charge and fee domain.
Article 41.-
Violations of regulations on reporting, supply of
information and inspection and examination
I. A fine of between VND 500,000
and VND 2,000,000 shall be imposed for the following acts:
a/ Failing to comply with the
inspection and examination of competent state agencies:
b Violating reporting regulations.
2. A fine of between VND 5,000,000
and VND 10.000.000 shall be imposed for the following acts:
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b/ Supplying insufficient on or
failing to prevent spamming sources at the request of. competent state
agencies;
c/ Supplying insufficient
information on the conditions of the system of electronic mail and text message
servers at the request of competent state agencies.
3. A fine of between VND 10,000,000
and VND 20,000,000 shall be imposed for acts of failing to supply information
or supplying false information at the request of competent state agencies.
Article 42.-
Violations of regulations or information safety and
security
1. A fine of between VND 2,000,000
and VND 5,000.000 shall be imposed for failure to collaborate with competent
state agencies in taking operation measures in accordance with law.
2. A fine of between VND 10,000,000
and VND 20,000,000 shall be imposed for failure to take measures to restrict
and block spam at the request of competent state agencies.
Article 43.-
Additional sanction, remedies In addition to principal
sanctions, depending
on the nature and seriousness of
their violations, organizations or individuals may be subject to one or more
than one of the following additional sanctions or remedies:
1. Confiscation of material
evidence and measures used in administrative violations specified in Clauses 4
and 5 of Article 34; Clause 3 of Article 36; Clause 4 of Article 38; and
Clauses
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2. Withdrawal of management code
for acts of violation specified in Article 35: Point c. Clause
3 and Point c. Clause 4, Article
38 of this Decree.
3. Forced compliance with state
regulations, for acts specified in Articles 34, 35, 36, 37, 38, 39, 41 and 42
of this Decree.
4. Forced refund of appropriated or
wrongly collected sums of money, for acts of violation specified in Clause 1,
Article 40 of this Decree.
5. Suspension for between one month
and three months or termination of electronic mail or text message
advertisement activities, for acts of violation specified at Points a and b of
Clause 1, Clauses 2 and 3 of Article 36; Clauses 3 and 4 of Article 38; and
Article 39 of this Decree.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 44.-
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
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The Ministry of Information and
Communication shall, within the ambit of its functions and powers, guide the
implementation of this Decree.
Article 46.-
Implementation responsibility
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of People's Committees of provinces and centrally run cities shall
implement this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME
MINISTER
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Nguyen
Tan Dung